PRADEEP MEHRA Vs. HARIJIVAN J. JETHWA

JUDGEMENT

(1.) This appeal before us shows how the execution proceedings under Order XXI of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), are being delayed, and the process is being abused in the execution proceedings, to the peril of the helpless decree holder. As long back as in 1872 (when the CPC of 1859 was in operation), it was observed by the Privy Council that, "the difficulties of a litigant in India begin when he has obtained a decree [Raj Durbhunga v. Maharajah Coomar Ramaput Sing, 1872 SCC OnLine PC 16 : (1871-72) 14 Moo IA 605 at page 612]. The situation, we are afraid, is no better even today.

(2.) The appellant is the landlord and the respondents are the tenants in a premises measuring about 3240 sq. ft. bearing C.T.S. No(s). 691/2, 691/3, 691/6, 691/7 and 691/8, situated at Mehra Industrial Compound, Andheri-Kurla Road, Sakinaka, Mumbai (hereinafter referred to as 'suit property'). We will also be referring to them as the decree holder and the judgement debtors respectively. The landlord, who is more than 70 years of age as of now, had filed a suit for eviction which ultimately resulted in a consent decree on 11.06.2005 where inter alia, it was stipulated that in case the judgment debtors (i.e., tenants) fail to pay the rent for two consecutive months, they could be evicted as the decree would become liable for execution.

(3.) The tenants evidently committed a default in payment of rent, and on an application moved by the decree holder, the court vide its order dated 12.02.2013 allowed the application holding that the decree holder/appellant is entitled to execute the decree. Meanwhile, for one reason or another, the proceedings before the executing court were delayed and then the respondents/judgment debtors moved an application before the "executing court"? on 19.01.2017 challenging the order dated 12.02.2013 by which the court had allowed the execution of the decree. This as we can see was done nearly four years after the order dated 12.02.2013.